Impact of the Environmental Factor on the Dynamics of Development of Neighbor Law in the Context of Issues of Sustainable Development
Aleksey Anisimov
Chair of Civil Law, Volgograd Institute of Business, Volgograd (Russian Federation)
Irina Emelkina
Chair of Civil Law and Procedure, Mordovia State National Research University, Saransk (Russian Federation)
Anatoliy Ryzhenkov
Chair of Civil Law, Volgograd Institute of Business, Volgograd (Russian Federation)
Abstract
The article deals with evolution of neighbor law beginning from the age of the ancient world and up to our times. The authors prove that already by the middle of the 19th century environmental and technological threats become greatly important in the neighborhood relations, and from the early 21st century these threats start acquiring a new systematic attribute associated with the beginning of the age of globalization. Sustainable development at the local level is greatly influenced by the dynamics of population settlement leading to emergence of giant megalopolises, where millions of people reside at the same time. This causes new types of neighborhood disputes not existing before. The post-Soviet legal science, courts and legislation are not completely ready for their resolution. Nevertheless, even now we can observe the outlines of new environmental threats to sustainable development at all its levels, caused by development of green energy, nanotechnology and the climate change. There are no simple ways to resolve neighborhood conflicts either – it is necessary to create an integrated system of containment and counterbalance, including both private and public methods.
Keywords:
neighbors, disputes, environment, technologies, private law, developmentReferences
ANTSIFEROVA I.V., 2012, Sources of release of nanoparticles into the environment, in: Bulletin of Perm National Research Polytechnic University, Machine building, materials science, Vol. 14-2, p. 54-66.
Google Scholar
APPLE B.E., 2014, Mapping Fracking: an Analysis of Law, Power, and Regional Distribution in the United States, in: Harvard Environmental Law Review, Vol. 38, p. 220.
Google Scholar
EISEN J.B., 1999, Brownfields policies for sustainable cities, in: Duke Environmental Law & Policy Forum, Vol. 9, p. 199.
Google Scholar
IRO G., 2008, Bürgerliches recht. B. IV. Sachenrecht. Dritte Auflage, Wien, New York, p. 62-75.
Google Scholar
JOHNSON E.J., 1996/97, Environmental Stigma Damages: Speculative Damages in Environmental Tort Cases, in: Journal of Environmental Law, Vol. 15, p. 187.
Google Scholar
KALINICHEV A.V., 2007, Land easement in Russian legislation: abstract of the thesis of the candidate of jurisprudence, Moscow State Social University, Moscow, p. 57.
Google Scholar
KLASS A.B., 2011, Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy, in: Ecology Law Quarterly, Vol. 38, p. 97-103.
Google Scholar
KOVALEVA N.V., 2015, Technical legal regulation of industrial production of the Russian Empire of the XIX- the beginning of the XX centuries: abstract of the thesis of the doctor of jurisprudence, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, p. 21-51.
Google Scholar
KRAMER B.M., 1996, Local Land Use Regulation of Extractive Industries: Evolving Judicial and Regulatory Approaches, in: Journal of Environmental Law, Vol. 14, p. 56.
Google Scholar
LEWYN M., 2015, Yes to Infill, no to Nuisance, in: Fordham Urban Law Journal, Vol. XLII, p. 853.
Google Scholar
LOSHIN J., 2006, Property in the Horizon: The Theory and Practice of Sign and Billboard Regulation, in: Environs, Vol. 30, p. 144-153.
Google Scholar
MANK B.C., 1995, Environmental Justice and Discriminatory Siting: Risk-Based Representation and Equitable Compensation, in: Ohio State Law Journal, Vol. 56, no.2, p. 337.
Google Scholar
MORRISS A.P., MEINERS R.E., 2003, Market Principles for Pesticides, in: William & Mary Environmental Law and Policy Review, Vol. 28, p. 67-70.
Google Scholar
MURPHY L.B., 2008, CAFO Grief: Using Tax Grieving Procedures to Protest Industrial Animal Factories, in: Journal of Environmental Law and Litigation, Vol. 23, p. 360-361.
Google Scholar
NEFEDOV L.V., 2015, Concept ‘neighbor law’ in the Soviet land legislation, in: History of state and law, Vol. 5, p. 47-51.
Google Scholar
PENSLEY D.S., 2008, The Legalities of Stream Interventions: Accretive Changes to New York State's Riparian Doctrine Ahead?, in: Pace Environmental Law Review, Vol. 25, p. 117.
Google Scholar
POKROVSKY I.A., 1999, History of Roman law, Sankt Petersburg, p. 196.
Google Scholar
SARLO C.H., 1999, A Comparative Analysis: The Affirmative Defense of an Innocent Landowner versus the Prima Facie Case of a Toxic Tort Plaintiff: Can CERCLA's Innocent Landowner Provision Be Used as a Defense in a Toxic Tort Suit?, in: Pace Environmental Law Review, Vol. 16, no. 2, p. 272-278.
Google Scholar
SOMMERS L., 2005, A Practical Guide to Measure 37, in: Journal of Environmental Law and Litigation, Vol. 20, p. 218-219.
Google Scholar
STATE REPORT, 2012, On the State and Protection of the Environment in the Russian Federation in 2011, Moscow, p. 67.
Google Scholar
STATE REPORT, 2014, On the State and Protection of the Environment in the Russian Federation in 2013, Мoscow, p.13-14.
Google Scholar
STATHOPOULOS A.S., 2010, You Are What Your Food Eats: How Regulation Of Factory Farm Conditions Could Improve Human Health And Animal Welfare Alike, in: New York University Journal of Legislation and Public Policy, Vol. 13, p. 428.
Google Scholar
SYLKINA S.M., 2016, International legal aspects of rational use of alternative energy sources, http://rusnauka.com/Page_ru.htm
Google Scholar
(16.05.2016).
Google Scholar
THE LAW CODE OF THE KING HAMMURAPI, 1996, in: Sources of law. Issue 1, Tolyatti, p. 3-55.
Google Scholar
THE LAWS OF MANU, http://rozamira.narod.ru/Biblioteka/Zakony_Manu.htm,
Google Scholar
http://www.sacred-texts.com/hin/manu.htm (16.05.2016).
Google Scholar
WALKER R.K., 2011, The answer, my friend, is blowin’ in the wind: nuisance suits and the perplexing future of American wind farms, in: Drake Journal of Agricultural Law, Vol. 16, p. 520-521.
Google Scholar
VINICHENKO Yu.V., 2013, Emergence of neighborhood relations and neighbor law in Russia, in: Prolog, Vol. 1, p. 21-23.
Google Scholar
Authors
Aleksey AnisimovChair of Civil Law, Volgograd Institute of Business, Volgograd Russian Federation
Authors
Irina EmelkinaChair of Civil Law and Procedure, Mordovia State National Research University, Saransk Russian Federation
Authors
Anatoliy RyzhenkovChair of Civil Law, Volgograd Institute of Business, Volgograd Russian Federation
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